Brown v. Harrison
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Tried before the Hon. Geo. W. Stone. I. The court below erred in the rejection of the evidence offered.
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Error to the Circuit Court of Lowndes. Tried before the Hon. Geo. W. Stone. I. The court below erred in the rejection of the evidence offered. The rule is, that when “ the principal constitutes the agent his representative in the transaction of certain business, whatever the agent does in the lawful prosecution of that business is the act of the principal; and where the acts of the agent will bind the principal, there his declarations, admissions, &c. will also bind him, if made at the same time and constituting part of the res gestee.” — 1 Greenl. Ev. § 113, p. 129-30-31; see also Story on…
1Opinion of the CourtChilton, J.
This was an action of, assumpsit, brought by Harrison & Robinson against the plaintiff in error, to recover certain monies paid by them for Brown, and for certain commissions which they insisted they bad the right to recover.
It appears by a bill of exceptions, that the plaintiffs below were commission merchants'of the city of Mobile, and had accepted for the accommodation of Brown a bill of exchange drawn upon them by him for $1756 57. and that Brown had failed to pay the bill at maturity; and there was proof conducing to show that they were compelled to pay the same, to save themselves from…
2Cases cited3 opinions
- De Forest v. StrongSupreme Court of Connecticut · 1831
- Hutchinson v. HosmerSupreme Court of Connecticut · 1817
- Kent v. PhelpsSupreme Court of Connecticut · 1807
3Cited by12 opinions
- Uhlfelder & Co. v. Carter's Adm'rSupreme Court of Alabama · 1879
- Dudley v. Colonial Lumber Co.Supreme Court of Alabama · 1931
- Chakales v. DjiovanidesSupreme Court of Virginia · 1933
- Harmon v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
- White v. AndersonMissouri Court of Appeals · 1912
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